Friendly Societies (Oddfellows) be held and enjoyed by the mortgagee or mortgagees thereof, his, her or their heirs, executors, administrators and assigns, freed and absolutely discharged from the trusts to which the same may for the time being be subject. 2. The powers by this Ordinance conferred shall be exercisable only upon the consent and by the direction of the Treasurer for the time being of the said Lodge testified in writing under his hand. 3. Nothing in this Ordinance contained shall be deemed or construed to make it necessary for any purchaser or mortgagee to inquire whether the Treasurer of the said Lodge for the time being giving the aforesaid consent and direction was duly or regularly appointed or whether the said power of sale and mortgage were duly and regularly exercised, or in anywise to see to the application of any moneys raised under the authority of the said Ordinance, or to inquire into the necessity, regularity or propriety of any such mortgage or mortgages, or be affected by express notice that the same is or are irregular, unnecessary or improper. 4. This Ordinance may be cited as 'The Oddfellows' Mortgage Short title Ordinance, 1869.' J. BRUCE, GOVERNOR. WESTERN AUSTRALIA ANNO TRIGESIMO TERTIO VICTORIÆ REGINE No. 14 An Ordinance to naturalize Bernard Martinez. [Assented to 1st June, 1870. HEREAS Bernard Martinez has applied to be admitted to the Rights and Privileges of a British Subject, and whereas it is expedient to comply with the said Application; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies by and with the Advice and Consent of the Legislative Council thereof : 1. That the said Bernard Martinez be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein. 2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by Proclamation or other public Notice. J. BRUCE, GOVERNOR AND COMMANDER-IN-CHIEF. Administration of Justice (Probate, &c.) Preamble In construing wills, general direction for payment of debts out of personalty not to include mortgage debts, unless such intention clearly implied Interpretation of the word • mortgage WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINE No. 1 An Act further to amend the Law relating to the HEREAS by No. 8 of the Ordinances passed in the thirty-first Wear of the reign of Her present Majesty Queen Victoria, an Act passed in the Session of Parliament held in the seventeenth and eighteenth years of the aforesaid reign was adopted and applied in the administration of justice in this Colony; and whereas by the said Act, intituled An Act to amend the Laws relating to the Administration of the Estates of Deceased Persons,' it is enacted, among other things, when any person shall, after the 31st day of December, 1854, die seized of or entitled to any estate or interest in any land or other hereditaments which shall at the time of his death be charged with the payment of any sum or sums of money by way of mortgage, and such person shall not, by his will or deed, or other document, have signified any contrary or other intention, the heir or devisee to whom such land or hereditaments shall descend or be devised shall not be entitled to have the mortgage debt discharged or satisfied out of the personal estate or any other real estate of such person, but the land or hereditaments so charged shall, as between the different persons claiming through or under the deceased person, be primarily liable to the payment of all mortgage debts with which the same shall be charged, every part thereof, according to its value, bearing a proportionate part of the mortgage debts charged on the whole thereof; and whereas doubts may exist upon the construction of the said Act, and it is expedient that such doubts should for the future be removed: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. In the construction of the will of any person who may die after the passing of this Act, a general direction that the debts or that all the debts of the testator shall be paid out of his personal estate shall not be deemed to be a declaration of an intention contrary to or other than the rule established by the said Act, unless such contrary or other intention shall be further declared by words expressly, or by necessary implication, referring to all or some of the testator's debts or debt. charged by way of mortgage on any part of his real estate. 2. In the construction of the said Act, and of this Act, the word mortgage' shall be deemed to extend to any lien for unpaid purchase money upon any lands or hereditaments purchased by a testator. FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. Distressed Colonial Seamen WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINE No. 2 An Act to provide for the Repayment of Expenses on account of Distressed Colonial Seamen. WH [Assented to 2nd January, 1871. L HEREAS it is expedient to provide for the payment out of Preamble Colonial Funds of certain expenses that may be borne by Imperial and other funds on account of seamen belonging to vessels registered in the Colony of Western Australia who become distressed. abroad by reason of shipwreck or other cause; Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows:- 1. It shall be lawful for the Governor from time to time, on the production of bills of the disbursements with proper vouchers, to direct payment out of the public revenues of the said Colony of any sum or sums of money which may appear to have been disbursed by or under the authority of the Lords of the Committee of Privy Council appointed for the consideration of matters relating to trade and foreign plantations, or by any British Consul or other officer, or by the Local Government of any British possession or Colony, to or on account of any seaman belonging to and who last served in vessels registered in the said Colony of Western Australia who have been shipwrecked, discharged or left behind at any place out of the said Colony from any such vessel, or who have been engaged by any person acting either as principal or agent to serve in any such vessel, and who are in distress in any place out of the said Colony. 2. The Colonial Treasurer shall issue and pay such sum or sums of money for the purpose aforesaid as the Governor shall from time to time by warrant under his hand direct. FREDK. A. WELD, to dis Governor may repay suma adtressed seamen belonging to the Colony Streets Lands forming WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINE No. 3 An Act for appropriating certain Lands for the purpose of forming a new Street in the Town of Guildford. WE [Assented to 2nd January, 1871. HEREAS it is expedient to form a street, called Waylen-street, in the Town of Guildford: And whereas the persons to whom the respective pieces or parcels of land specified in the Schedule hereto belong have consented to their said lands being vested in the trustees of the said town for such purpose: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies, by and with the advice and consent of the Legislative Council thereof, as follows: 1. The several pieces or parcels of land respectively specified in the Schedule to this Act shall form and be a public street called Waylen-street, in the Town of Guildford, and the right of property therein respectively shall henceforth, by virtue hereof, and without the necessity of any formal conveyance, be vested in the trustees of the Town of Guildford, free from all claims and incumbrances whatsoever, upon the trusts, ends, intent and purposes of and subject to the Ordinance No. 15 of 1850, intituled An Ordinance to provide for the Improvement of Towns in Western Australia.' 2. The Schedule in this Act referred to shall be deemed a part hereof. FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. THE SCHEDULE 1. One rood twenty-eight perches of Guildford Town No. 38.-Bounded on the west by the west boundary of Guildford Town Lot 38, ten chains in length, as granted in fee by title deed No. 227; on the north by forty-two and a half links of Swan-street, on the south by forty-two and a half links of Mangles-street, and on the east by a line parallel and equal to the west boundary. 2. One rood twenty-eight links of Guildford Town Lot No. 39.-Bounded on the east by the east boundary of Guildford Town Lot 39, ten chains in length, as granted in fee by title deed No. 226; on the north by forty-two and a half links of Swan-street, on the south by forty-two and a half links of Mangles-street, and on the west by a line parallel and equal to the east boundary. 3. Twenty-eight links of Guildford Town Lot No. 8.-Bounded on the west by the west boundary of Guildford Town Lot No. 8, four chains fifteen links in length, as granted in fee by title deed No. 1231; on the south by forty-two and a half links of Swan-street, on the north by forty-two and a half links of the north boundary of said lot, and on the east by a line parallel and equal to the west boundary. 4. Nineteen links of Guildford Town Lot No. 132.-Bounded on the west by the west boundary of Guildford Town Lot 132, two chains seventy-five links in Streets length, as granted in fee by title deed No. 1208; on the north by fifty-three links of Terrace-road, on the south by forty-two and a half links of the south boundary of said lot, and on the east by a line three chains six and a half links in length parallel to the west boundary. 5. One rood five links of Guildford Town Lot No. 133.-Bounded on the east by the east boundary of Guildford Town Lot 133, measuring six chains ninety links, as granted in fee by title deed No. 1142; on the north by fifty-three links of Terrace-road, on the south by forty-two and a half links of Swan-street, and on the west by a line of six chains fifty-eight and a half links in length parallel to the east boundary. WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINE No. 4 An Ordinance to. naturalize Peter Ferrara. [Assented to 2nd January, 1871. WHEREAS Peter Ferrara has applied to be admitted to the Rights and Privileges of a British Subject, and whereas it is expedient to comply with the said Application: Be it therefore enacted by His Excellency the Governor of Western Australia and its Dependencies by and with the Advice and Consent of the Legislative Council thereof : 1. That the said Peter Ferrara be, and he hereby is naturalized and enabled to purchase and hold Lands, and to enjoy all the other Privileges of a natural born British Subject within the Limits of the Colony of Western Australia save and except only the holding or exercising of any Place or Office of Trust in the Courts of Law or connected with the Treasury therein. 2. That this Ordinance shall not come into Operation until it shall have received the Royal Confirmation, nor until such Confirmation shall have been notified by the Governor for the Time being by Proclamation or other public Notice. FREDK. A. WELD, GOVERNOR AND COMMANDER-IN-CHIEF. WESTERN AUSTRALIA ANNO TRIGESIMO QUARTO VICTORIÆ REGINÆ No. 5 An Act to amend the Law of Evidence and Practice on Criminal Trials. [Assented to 2nd January, 1871. THEREAS it is expedient that the law of evidence and practice on trials for felony, misdemeanour and other proceedings in Courts of Criminal Judicature should be more nearly assimilated to |
